Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of Group I, Claims 1-8; with Claims 9-30 cancelled in the reply filed on 08/12/2026 was acknowledged and has been entered. By this response, claims 1-3, 7, and 8 are amended. Claims 9-30 are canceled. New claims 31-52 are added. An action on the merits of claims 1-8 and 31-52 are as follow.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION—the specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1-38 and 46-50 are rejected under 35 U.S.C. 112(b) second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 1 recites the limitation “the fused-silica chamber body” in various places, rendering the claim indefinite. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction/ clarification is required.
Claim 1 recites the limitation “about I ppm or less” in line 9, and “less than about 10 ppm” in line 10 respectively rendering the claim indefinite. “About” is a relative terminology; there was nothing in the specification to provide any indication as to what range of specific activity is covered by the term "about". See MPEP 2173.05(B) III. A.
Claim 31 recites the limitation “the first and second chamber components” in line 11, rendering the claim indefinite. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction/ clarification is required.
Claim 46 recites the limitation “the fused-silica chamber body” in line 8, rendering the claim indefinite. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction/ clarification is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-8 and 39-45 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu et al. (US 2018/0140018 A1) in view of Scheich et al. (US 2018/0215984 A1) and SCHMIDT et al. (US 2018/0249763 A1).
Regarding independent Claim 1, Hu et al. disclose a vaporizing device comprising:
a reservoir (storage chamber 102, [0034], Fig 1) configured to contain a liquid precursor (see [0034]);
a dispenser (porous member 202; [0042], Fig 1) configured to deliver the liquid precursor from the reservoir; and
a chamber assembly (quartz glass body 303, [0037], Figs 2-3; quartz glass body 501, [0052], Figs 6-7) configured to receive the liquid precursor and to generate a
vapor and/or aerosol from the liquid precursor (the heating element 304 is capable of generating thermal radiation and infrared radiation outwardly through the quartz glass body 303 simultaneously to heat the tobacco liquid, [0037]),
wherein the chamber assembly comprises a densified, fused-silica chamber body (the fused silica glass, [0039]) defining a vaporization chamber region configured to contain the liquid precursor (air flow grooves 2023, 504 forming chamber with quartz glass body 303, 501; Fig. 6; [0046], [0053]);
a heater structure (heating element 304, 502; [0037], [0052]) coupled to at least one electrical contact (the power supply device is electrically connected with the heating element of the heating device, [0021, 0041], Fig 3) and configured to provide thermal energy for vaporizing the liquid precursor (the heating element 304 is capable of generating thermal radiation and infrared radiation outwardly through the quartz glass body 303 simultaneously to heat the tobacco liquid, [0037]), the heater structure comprising a resistive trace (the metal heating body and is resistant to high temperature, [0022]) disposed on and bonded to the fused-silica chamber body (Figs 2-3 and 6-7):
wherein, during operation, thermal energy provided by the heater structure is
transferred through at least a portion of the fused-silica chamber body to heat the liquid precursor within the vaporization chamber region to generate the vapor and/or aerosol (the heating element 304 is capable of generating thermal radiation and infrared radiation outwardly through the quartz glass body 303 simultaneously to heat the tobacco liquid, [0037]); and
wherein the heater structure is physically isolated from direct contact with the
liquid precursor by the fused-silica chamber body (the tobacco liquid only contacts with the outer surface of the quartz glass body 303 and cannot contact with the heating element 304 therein, [0039]).
Hu et al. disclose the invention as claimed and as discussed above; except does not disclose: wherein the chamber assembly comprises a densified, sintered fused-silica chamber body; the fused-silica chamber body having a metallic impurity content of about I ppm or less and a hydroxyl content of less than about 10 ppm; the heater structure disposed on and bonded to an exterior surface of the fused-silica chamber body.
Scheich et al. teach a fused-silica chamber body (composite material comprises matrix of fused silica, Abstract. Note: “a fused-silica chamber body” taught by Hu et al. already), and wherein the chamber assembly comprises a densified, sintered fused-silica chamber body (it is sintered to form a gas impervious, mechanically stable component comprising the composite material, [0053]), the fused-silica chamber body having a metallic impurity content of about I ppm or less (the composite material… having a metallic purity of at least 99.99%, [0030]) and a hydroxyl content of less than about 10 ppm (fused silica having a hydroxyl group content of not more than 30 ppm, [0030]);. Therefore, it would have been obvious before the effective filling date of the claimed invention to one of ordinary skill in the art to modify Hu et al. with Scheich et al.’s further teaching of wherein the chamber assembly comprises a densified, sintered fused-silica chamber body, the fused-silica chamber body having a metallic impurity content of about I ppm or less; because Scheich et al. teaches, in Abstract of providing an excellent composite material which is suitable for producing components for use in high- temperature processes for heat treatment.
SCHMIDT et al. teach a vaporizing device comprising: a heater structure (electric heating element 22; [0027], Fig 5. Note: taught by Hu et al. already) disposed on and bonded to an exterior surface of the fused-silica chamber body (a wick 23 arranged in the heating coil 22, [0033], Fig 5. Note: “the fused-silica chamber body” taught by Hu et al. already): Therefore, it would have been obvious before the effective filling date of the claimed invention to one of ordinary skill in the art to modify Hu et al. in view of Scheich et al. with SCHMIDT et al.’s further teaching of the heater structure disposed on and bonded to an exterior surface of the fused-silica chamber body; because SCHMIDT et al. teaches, in Para. [0033] of providing an excellent heating arrangement with capillary effect for fast heating during operation.
Claim 2, wherein the fused-silica chamber body comprises a fused-silica wall having a first surface (the cylindrical part of 303, Figs 2-3) and an opposing second surface (the tapered portion 301 of 303, Figs 2-3), the first surface serving as a substrate surface for the heater structure and the second surface defining at least a portion of the vaporization chamber region (see Figs 2-3), and wherein the heater structure is thermally coupled to the first surface to transfer the thermal energy through the fused-silica wall (the heating element 304 is capable of generating thermal radiation and infrared radiation outwardly through the quartz glass body 303, [0037]).
Claim 3, wherein the heater structure is coupled to the fused-silica chamber body such that a heat-generating portion of the heater structure is in direct physical contact with the first surface of the fused-silica wall (the heating element 304 is capable of generating thermal radiation and infrared radiation outwardly through the quartz glass body 303, [0037], Figs 2-3).
Claim 4, wherein the fused-silica wall comprises a membrane having a thickness (303 comprises a membrane having a thickness, Figs 1-3, Hu et al.). Hu et al. do not explicitly disclose that the membrane having a thickness in a range of 0.01 mm to 0.3 mm; however, it would have been an obvious matter of design choice to one skilled person in the art at the time the invention was made to arrange the thickness of the membrane in a range of 0.01 mm to 0.3 mm, since such a configurations would have involved a mere change in thickness of a component, a change in thickness is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237; besides, applicant has not disclosed that this kind of design solves any stated problem or is for any particular purpose; and according to the Spec. [1092]: the membrane thickness may be selected, it appears the invention would perform equally well when the thickness of the membrane are positioned differently.
Claim 5, wherein the chamber assembly further comprises a fused-silica flow director positioned to define at least a portion of an airflow path (air inlets 108; [0036], Fig1) and an aerosol flow path associated with the vaporization chamber region (air flow can carry the generated aerosol into the aerosol discharging channel 103 when passing through the heating device 300, [0036], Fig 1).
Claim 6, wherein the fused-silica chamber body is formed from a silica nanoparticle (an average particle size of 0.9 μm, [0005], Scheich et al.) and polymer-binder feedstock (it is polycrystalline, [0015], Scheich et al.) densified by debinding and sintering (On sintering, water and hydroxyl groups that are present are used up and converted into SiO2, [0057], Scheich et al.).
Claim 7, wherein the fused-silica chamber body further exhibits color (E') centers below 260 nm, a visible-light transmission at wavelengths of about 300-1000 nm of greater than about 92% (wavelength range… 0.25 μm… the emissivity is less than 10%, [0111], Scheich et al.), an infrared transmission at wavelengths of about 1000-3400 nm of greater than about 90% (the wavelength range from 600 nm to 2650 nm, [0027], Scheich et al.), a bending strength of about 115 MPa or greater, a Vickers hardness of about 980 HV or greater, a coefficient of thermal expansion of about 0.52 x 10~6 K~1 or less (a process associated with a significant rise in the absorption coefficient, [0016]), a static contact angle with water of about 36°, and a surface energy of about 60 mN/m (the energy between valency band and conduction band (band-gap energy) decreases with the temperature… given sufficiently high activation energy, [0016]). Hu et al. in view of Scheich et al. do not explicitly disclose the claimed limitation; however, it would have been an obvious matter of design choice to one skilled person in the art at the time the invention was made to arrange the fused-silica chamber body as claimed, since such a configurations would have involved a mere change in parameters of a component, a change in parameters is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237; besides, applicant has not disclosed that this kind of design solves any stated problem or is for any particular purpose; and according to the Spec. [1140]: By way of example and not limitation, such a fused-silica part may exhibit…; it appears the invention would perform equally well when the parameters are differently.
Claim 8, wherein the heater structure comprises a metal comprising substance deposited on and bonded to the fused-silica chamber body by a nanoparticle-based jetting process to form a resistive heater trace (heat-generating body 304 may also be made of a metal alloy, [0038], Fig 3; Clearly, “the heater structure comprises a metal comprising substance deposited on and bonded to the fused-silica chamber body” are capable of “by a nanoparticle-based jetting process to form a resistive heater trace” as claimed).
Regarding independent Claim 39, Hu et al. disclose a vaporizing device comprising: a reservoir (storage chamber 102, [0034], Fig 1) configured to contain a liquid precursor (see [0034]);
a dispenser (porous member 202; [0042], Fig 1) configured to deliver the liquid precursor from the reservoir; and
a chamber assembly (quartz glass body 303, [0037], Figs 2-3; quartz glass body 501, [0052], Figs 6-7) configured to receive the liquid precursor and to generate a
vapor and/or aerosol from the liquid precursor (the heating element 304 is capable of generating thermal radiation and infrared radiation outwardly through the quartz glass body 303 simultaneously to heat the tobacco liquid, [0037]), wherein the chamber assembly comprises a densified, fused-silica chamber body (the fused silica glass, [0039]) defining a vaporization chamber region configured to contain the liquid precursor (air flow grooves 2023, 504 forming chamber with quartz glass body 303, 501; Fig. 6; [0046], [0053]);
a heater structure (heating element 304, 502; [0037], [0052]) comprising a resistive trace (the metal heating body and is resistant to high temperature, [0022]) disposed on and bonded to the fused-silica chamber body (Figs 2-3 and 6-7) and electrically coupled to at least one electrical contact (the power supply device is electrically connected with the heating element of the heating device, [0021, 0041], Fig 3), the resistive trace having a spatially-varying electrical resistance along a length thereof (specific shape of the heat-generating body 304 may be an electric heating sheet, an electric heating wire or an electric heating net embedded in the quartz glass body 303, [0038]) configured to produce a more spatially uniform temperature distribution across the heater structure than a resistive trace of uniform resistance (details see Fig 3);
wherein thermal energy provided by the heater structure is transferred through at
least a portion of the fused-silica chamber body to heat the liquid precursor within the vaporization chamber region to generate the vapor and/or aerosol (the heating element 304 is capable of generating thermal radiation and infrared radiation outwardly through the quartz glass body 303 simultaneously to heat the tobacco liquid, [0037]); and
wherein the heater structure is physically isolated from direct contact with the
liquid precursor by the fused-silica chamber body (the tobacco liquid only contacts with the outer surface of the quartz glass body 303 and cannot contact with the heating element 304 therein, [0039]).
Hu et al. disclose the invention as claimed and as discussed above; except does not disclose: wherein the chamber assembly (taught by Hu et al. already) comprises a densified, sintered fused-silica chamber body;
a heater structure comprising a resistive trace (taught by Hu et al. already) disposed on and bonded to an exterior surface of the fused-silica chamber body.
Scheich et al. teach a fused-silica chamber body (composite material comprises matrix of fused silica, Abstract. Note: “a fused-silica chamber body” taught by Hu et al. already), and wherein the chamber assembly comprises a densified, sintered fused-silica chamber body (it is sintered to form a gas impervious, mechanically stable component comprising the composite material, [0053]). Therefore, it would have been obvious before the effective filling date of the claimed invention to one of ordinary skill in the art to modify Hu et al. with Scheich et al.’s further teaching of wherein the chamber assembly comprises a densified, sintered fused-silica chamber body, the fused-silica chamber body having a metallic impurity content of about I ppm or less; because Scheich et al. teaches, in Abstract of providing an excellent composite material which is suitable for producing components for use in high- temperature processes for heat treatment.
SCHMIDT et al. teach a vaporizing device comprising: a heater structure (electric heating element 22; [0027], Fig 5. Note: taught by Hu et al. already) disposed on and bonded to an exterior surface of the fused-silica chamber body (a wick 23 arranged in the heating coil 22, [0033], Fig 5. Note: “the fused-silica chamber body” taught by Hu et al. already): Therefore, it would have been obvious before the effective filling date of the claimed invention to one of ordinary skill in the art to modify Hu et al. in view of Scheich et al. with SCHMIDT et al.’s further teaching of the heater structure disposed on and bonded to an exterior surface of the fused-silica chamber body; because SCHMIDT et al. teaches, in Para. [0033] of providing an excellent heating arrangement with capillary effect for fast heating during operation.
Claim 40, wherein the spatially-varying electrical resistance is provided by a variation in a width of the resistive trace along the length thereof (see 304 in Fig 3).
Claim 41, wherein the spatially-varying electrical resistance is provided by a variation in a spacing between adjacent segments of the resistive trace (specific shape of the heat-generating body 304 may be an electric heating sheet, an electric heating wire or an electric heating net embedded in the quartz glass body 303, [0038]).
Claim 42, wherein the resistive trace is arranged in at least one of a spiral pattern and a serpentine pattern, the pattern including a reduced-density region or a void in a central portion thereof (specific shape of the heat-generating body 304 may be an electric heating sheet, an electric heating wire or an electric heating net embedded in the quartz glass body 303, [0038]).
Claim 43, wherein the resistive trace comprises a metal or metal alloy having a relatively low coefficient of thermal expansion selected to reduce a thermal-expansion mismatch between the resistive trace and the fused-silica chamber body (heat-generating body 304 may also be made of a metal alloy, such as a nickel-chromium alloy, [0038]).
Claim 44, wherein the metal or metal alloy comprises one or more of a nickel-iron alloy, a nickel-cobalt alloy, a nickel-chromium alloy, nichrome, Kanthal, Inconel, and Kovar (heat-generating body 304 may also be made of a metal alloy, such as a nickel-chromium alloy, [0038]).
Claim 45, wherein the resistive trace comprises a metal comprising substance deposited on and bonded to the exterior surface of the fused silica chamber body by a nanoparticle-based jetting process (a wick 23 arranged in the heating coil 22, [0033], Fig 5, SCHMIDT et al.. Note: “the resistive trace” and “the fused-silica chamber body” taught by Hu et al. already. Clearly, “the resistive trace comprises a metal comprising substance deposited on and bonded to the exterior surface of the fused silica chamber body” are capable of “by a nanoparticle-based jetting process” as claimed).
Claims 31-38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu et al. (US 2018/0140018 A1) in view of BRIGHT et al. (US 2017/0172210 A1) and Scheich et al. (US 2018/0215984 A1).
Regarding independent Claim 31, Hu et al. disclose a vaporizing device comprising:
a housing (a housing 101; [0034], Fig 1) configured to receive a liquid precursor (configured for storing tobacco liquid, [0034]);
a chamber assembly (quartz glass body 303, [0037], Figs 2-3; quartz glass body 501, [0052], Figs 6-7) disposed within the housing ( see Fig 1) and comprising a first chamber component (the cylindrical part of 303, Figs 2-3) and a second chamber component (the tapered portion 301 of 303, Figs 2-3) configured to mate with one another to define a vaporization chamber region configured to contain the liquid precursor (see Abstract, Figs 2-3);
at least one capillary precursor channel (porous member 202 has a microporous structure therein for slowly conveying the tobacco liquid; [0043]) defined by cooperating surfaces of the first and second chamber components when mated (see Fig 1), the at least one capillary precursor channel being in fluid communication with the vaporization chamber region and having capillary dimensions configured to passively regulate a flow of the liquid precursor (porous member 202 has a microporous structure therein for slowly conveying the tobacco liquid from the storage chamber 102 onto the quartz glass body 303 of the heating device 300, [0043]);
a heater structure (heating element 304, 502; [0037], [0052, Figs 2 and 6) disposed within the housing, electrically coupled to at least one electrical contact (the power supply device is electrically connected with the heating element of the heating device, [0021, 0041], Fig 3), and thermally coupled to the first chamber component to provide thermal energy for vaporizing the liquid precursor (the heating element 304 is capable of generating thermal radiation and infrared radiation outwardly through the quartz glass body 303 simultaneously to heat the tobacco liquid, [0037]);
wherein at least a portion of the at least one capillary precursor channel is
positioned to be heated by the heater structure (see Figs 1-3) such that thermal energy conducted through the first chamber component reduces a viscosity of the liquid precursor within the at least one capillary precursor channel and thereby modulates a flow resistance of the at least one capillary precursor channel (porous member 202 and the heating device 300 are mounted inside the support 201, [0042], Fig 1-3);
wherein thermal energy provided by the heater structure is transferred through at least a portion of the first chamber component to heat the liquid precursor within the vaporization chamber region to generate a vapor and/or aerosol (the heating element 304 is capable of generating thermal radiation and infrared radiation outwardly through the quartz glass body 303 simultaneously to heat the tobacco liquid so that the tobacco liquid is evaporated to form aerosol, [0037]); and
wherein the heater structure is physically isolated from direct contact with the
liquid precursor by the first chamber component (the heating element 304 is encapsulated inside the quartz glass body 303, [0037]).
Hu et al. disclose the invention as claimed and as discussed above; except does not disclose: a housing (taught by Hu et al. already) comprising a mechanical interface configured to releasably couple the housing with a removable cartridge, and a fluidic interface configured to receive a liquid precursor (“a liquid precursor” taught by Hu et al. already) from the removable cartridge when the removable cartridge is coupled with the housing;
a vaporization chamber region configured to contain the liquid precursor (“a vaporization chamber region configured to contain the liquid precursor” taught by Hu et al. already) received via the fluidic interface, the first chamber component comprising a densified, sintered fused-silica component;
the at least one capillary precursor channel being in fluid communication with the vaporization chamber region (“the at least one capillary precursor channel being in fluid communication with the vaporization chamber region” taught by Hu et al. already) and configured to convey the liquid precursor from the fluidic interface into the vaporization chamber region;
BRIGHT et al. teach a vaporizing device (An electrically operated aerosol-generating system, Abstract), and a housing (FIG. 1 is an illustration of an aerosol-generating system 100 according, [0070]. Note: “a housing” taught by Hu et al. already) comprising a mechanical interface ([0052], [0072], [0082] teach connection between housing and cartridge) configured to releasably couple the housing with a removable cartridge ([0006]: The liquid store may be a refillable or replaceable cartridge; [0076]: The liquid reservoir 120 may be a cartridge that can be replaced from the system 100), and a fluidic interface (liquid outlet 124; [0078]) configured to receive a liquid precursor (“a liquid precursor” taught by Hu et al. already) from the removable cartridge when the removable cartridge is coupled with the housing (see Figs 1-2);
a vaporization chamber region configured to contain the liquid precursor (liquid reservoir 120 containing a liquid aerosol-forming substrates; [0071]. Note: “a vaporization chamber region configured to contain the liquid precursor” taught by Hu et al. already) received via the fluidic interface, (see Fig 2);
the at least one capillary precursor channel being in fluid communication with the vaporization chamber region (“the at least one capillary precursor channel being in fluid communication with the vaporization chamber region” taught by Hu et al. already) and configured to convey the liquid precursor from the fluidic interface (convey the liquid precursor form liquid outlet 124, Fig 2) into the vaporization chamber region (see Fig 1 of BRIGHT et al. and Fig 1 of Hu et al.). Therefore, it would have been obvious before the effective filling date of the claimed invention to one of ordinary skill in the art to modify Hu et al. with BRIGHT et al.’s further teaching of a housing (taught by Hu et al. already) comprising a mechanical interface configured to releasably couple the housing with a removable cartridge, and a fluidic interface configured to receive a liquid precursor (“a liquid precursor” taught by Hu et al. already) from the removable cartridge when the removable cartridge is coupled with the housing; a vaporization chamber region configured to contain the liquid precursor (“a vaporization chamber region configured to contain the liquid precursor” taught by Hu et al. already) received via the fluidic interface, the at least one capillary precursor channel being in fluid communication with the vaporization chamber region (“the at least one capillary precursor channel being in fluid communication with the vaporization chamber region” taught by Hu et al. already) and configured to convey the liquid precursor from the fluidic interface into the vaporization chamber region; because BRIGHT et al. teaches a reservoir may be detachable to replace the liquid, and this involves applying a known teaching to a similar device to yield predictable results.
Scheich et al. teach a fused-silica chamber body (composite material comprises matrix of fused silica, Abstract. Note: “a fused-silica chamber body” taught by Hu et al. already), and the first chamber component (“the first chamber component” taught by Hu et al. already) comprising a densified, sintered fused-silica component (it is sintered to form a gas impervious, mechanically stable component comprising the composite material, [0053]), Therefore, it would have been obvious before the effective filling date of the claimed invention to one of ordinary skill in the art to modify Hu et al. in view of BRIGHT et al. with Scheich et al.’s further teaching of the first chamber component comprising a densified, sintered fused-silica component; because Scheich et al. teaches, in Abstract of providing an excellent composite material which is suitable for producing components for use in high- temperature processes for heat treatment.
Claim 32, wherein the first chamber component comprises a fused-silica wall having a first surface (the cylindrical part of 303, Figs 2-3) and an opposing second surface (the tapered portion 301 of 303, Figs 2-3), the first surface serving as a substrate surface for the heater structure and the second surface defining at least a portion of the vaporization chamber region (see Figs 2-3).
Claim 33, wherein a heat-generating portion of the heater structure is in direct physical contact with the first surface of the fused-silica wall (the heating element 304 is capable of generating thermal radiation and infrared radiation outwardly through the quartz glass body 303, [0037], Figs 2-3).
Claim 34, wherein the fused-silica wall comprises a membrane having a thickness (303 comprises a membrane having a thickness, Figs 1-3, Hu et al.). Hu et al. do not explicitly disclose that the membrane having a thickness in a range of 0.01 mm to 0.3 mm; however, it would have been an obvious matter of design choice to one skilled person in the art at the time the invention was made to arrange the thickness of the membrane in a range of 0.01 mm to 0.3 mm, since such a configurations would have involved a mere change in thickness of a component, a change in thickness is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237; besides, applicant has not disclosed that this kind of design solves any stated problem or is for any particular purpose; and according to the Spec. [1092]: the membrane thickness may be selected, it appears the invention would perform equally well when the thickness of the membrane are positioned differently.
Claim 35, wherein each of the first chamber component and the second chamber component is formed from a silica nanoparticle (an average particle size of 0.9 μm, [0005], Scheich et al.) and polymer-binder feedstock (it is polycrystalline, [0015], Scheich et al.) densified by debinding and sintering (On sintering, water and hydroxyl groups that are present are used up and converted into SiO2, [0057], Scheich et al.).
Claim 36, wherein the first chamber component has a metallic impurity content of about 1 ppm or less (the composite material… having a metallic purity of at least 99.99%, [0030], Scheich et al.) and a hydroxyl content of less than about 10 ppm (fused silica having a hydroxyl group content of not more than 30 ppm, [0030], Scheich et al.), and exhibits a visible-light transmission at wavelengths of about 300-1000 nm of greater than about 92% (wavelength range… 0.25 μm… the emissivity is less than 10%, [0111], Scheich et al.) and an infrared transmission at wavelengths of about 1000-3400 nm of greater than about 90% (the wavelength range from 600 nm to 2650 nm, [0027], Scheich et al.). Hu et al. in view of Scheich et al. do not explicitly disclose the claimed limitation; however, it would have been an obvious matter of design choice to one skilled person in the art at the time the invention was made to arrange the fused-silica chamber body as claimed, since such a configurations would have involved a mere change in parameters of a component, a change in parameters is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237; besides, applicant has not disclosed that this kind of design solves any stated problem or is for any particular purpose; and according to the Spec. [1140]: By way of example and not limitation, such a fused-silica part may exhibit…; it appears the invention would perform equally well when the parameters are differently.
Claim 37, wherein the heater structure comprises a metal comprising substance deposited on and bonded to the first chamber component by a nanoparticle-based jetting process to form a resistive heater trace (heat-generating body 304 may also be made of a metal alloy, [0038], Fig 3. Clearly, “the heater structure comprises a metal comprising substance deposited on and bonded to the first chamber component” are capable of “by a nanoparticle-based jetting process to form a resistive heater trace” as claimed).
Claim 38, wherein the heater structure remains within the housing upon decoupling of the removable cartridge from the housing, such that the heater structure is reusable with a plurality of removable cartridges ([0006]: The liquid store may be a refillable or replaceable cartridge; [0076]: The liquid reservoir 120 may be a cartridge that can be replaced from the system 100, BRIGHT et al.).
Claims 46-52 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu et al. (US 2018/0140018 A1) in view of Scheich et al. (US 2018/0215984 A1).
Regarding independent Claim 46, Hu et al. disclose a vaporizing device comprising:
a reservoir (storage chamber 102, [0034], Fig 1) configured to contain a liquid precursor (see [0034]);
a dispenser (porous member 202; [0042], Fig 1) configured to deliver the liquid precursor from the reservoir; and
a chamber assembly (quartz glass body 303, [0037], Figs 2-3; quartz glass body 501, [0052], Figs 6-7) configured to receive the liquid precursor and to generate a
vapor and/or aerosol from the liquid precursor (the heating element 304 is capable of generating thermal radiation and infrared radiation outwardly through the quartz glass body 303 simultaneously to heat the tobacco liquid, [0037]), wherein the chamber assembly comprises a densified, fused-silica chamber body (the fused silica glass, [0039]) defining a vaporization chamber region configured to contain the liquid precursor (air flow grooves 2023, 504 forming chamber with quartz glass body 303, 501; Fig. 6; [0046], [0053]), the fused-silica chamber body comprising a fused-silica wall
configured as a membrane having a first surface (a right-half of 303, Figs 2-3) and an opposing second surface (a left-half of 303, Figs 2-3), the second surface defining at least a portion of the vaporization chamber region (see left-half of 303 in Figs 2-3);
a heater structure (heating element 304, 502; [0037], [0052]) comprising a resistive trace (the metal heating body and is resistant to high temperature, [0022]) disposed on and bonded to the first surface of the membrane (see Figs 2-3) and electrically coupled to at least one electrical contact (the power supply device is electrically connected with the heating element of the heating device, [0021, 0041], Fig 3);
wherein thermal energy provided by the heater structure is transferred through the membrane to heat the liquid precursor within the vaporization chamber region to generate the vapor and/or aerosol (the heating element 304 is capable of generating thermal radiation and infrared radiation outwardly through the quartz glass body 303 simultaneously to heat the tobacco liquid, [0037]); and
wherein the heater structure is physically isolated from direct contact with the
liquid precursor by the membrane (the tobacco liquid only contacts with the outer surface of the quartz glass body 303 and cannot contact with the heating element 304 therein, [0039]).
Hu et al. disclose the invention as claimed and as discussed above; except does not disclose: wherein the chamber assembly comprises a densified, sintered fused-silica chamber body.
Scheich et al. teach a fused-silica chamber body (composite material comprises matrix of fused silica, Abstract. Note: “a fused-silica chamber body” taught by Hu et al. already), and wherein the chamber assembly comprises a densified, sintered fused-silica chamber body (it is sintered to form a gas impervious, mechanically stable component comprising the composite material, [0053]). Therefore, it would have been obvious before the effective filling date of the claimed invention to one of ordinary skill in the art to modify Hu et al. with Scheich et al.’s further teaching of wherein the chamber assembly comprises a densified, sintered fused-silica chamber body; because Scheich et al. teaches, in Abstract of providing an excellent composite material which is suitable for producing components for use in high- temperature processes for heat treatment.
Claim 47, wherein the membrane having a thickness (303 comprises a membrane having a thickness, Figs 1-3, Hu et al.). Hu et al. do not explicitly disclose that the membrane having a thickness in a range of 0.01 mm to 0.3 mm; however, it would have been an obvious matter of design choice to one skilled person in the art at the time the invention was made to arrange the thickness of the membrane in a range of 0.01 mm to 0.3 mm, since such a configurations would have involved a mere change in thickness of a component, a change in thickness is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237; besides, applicant has not disclosed that this kind of design solves any stated problem or is for any particular purpose; and according to the Spec. [1092]: the membrane thickness may be selected, it appears the invention would perform equally well when the thickness of the membrane are positioned differently.
Claim 48, wherein the membrane has a thickness (303 comprises a membrane having a thickness, Figs 1-3, Hu et al.). Hu et al. do not explicitly disclose that the membrane having a thickness of about 0.2 mm; however, it would have been an obvious matter of design choice to one skilled person in the art at the time the invention was made to arrange the thickness of the membrane of about 0.2 mm, since such a configurations would have involved a mere change in thickness of a component, a change in thickness is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237; besides, applicant has not disclosed that this kind of design solves any stated problem or is for any particular purpose; and according to the Spec. [1092]: the membrane thickness may be selected, it appears the invention would perform equally well when the thickness of the membrane are positioned differently.
Claim 49, wherein a heat-generating portion of the resistive trace is in direct physical contact with the first surface of the membrane (the heating element 304 is capable of generating thermal radiation and infrared radiation outwardly through the quartz glass body 303, [0037], Figs 2-3).
Claim 50, wherein the second surface of the membrane (a left-half of 303, Figs 2-3) is intentionally structured with a plurality of micro-scale features comprising one or more of ridges, grooves, pits, and protrusions configured to increase a surface area of the second surface and enhance heat transfer to the liquid precursor (quartz glass body 303… due to the special internal microscopic molecular structure of quartz glass, [0037]).
Claim 51, wherein the resistive trace comprises a metal comprising substance deposited on and bonded to the first surface of the membrane by a nanoparticle-based jetting process (heat-generating body 304 may also be made of a metal alloy, [0038], Fig 3. Clearly, “the resistive trace comprises a metal comprising substance deposited on and bonded to the first surface of the membrane” are capable of “b by a nanoparticle-based jetting process” as claimed).
Claim 52, wherein the resistive trace comprises a metal or metal alloy having a relatively low coefficient of thermal expansion selected to reduce a thermal-expansion mismatch between the resistive trace and the membrane, the metal or metal alloy comprising one or more of a nickel-iron alloy, a nickel-cobalt alloy, a nickel-chromium alloy, nichrome, Kanthal, Inconel, and Kovar (heat-generating body 304 may also be made of a metal alloy, such as a nickel-chromium alloy, [0038]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicant is advised to refer to the Notice of References Cited for pertinent prior art.
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/KUANGYUE CHEN/
Examiner, Art Unit 3761
/ELIZABETH M KERR/Primary Examiner, Art Unit 3761
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